Constitutional complaint, as protection of a person from arbitrary laws |
Tuesday, 23 October 2018 17:58 |
On October 20, 2018, a meeting of lecturers, masters and post-graduate students of the Educational and Scientific Law Institute with a well-known constitutionalist, a doctor of jurisprudence, a professor, a judge of the Constitutional Court of Ukraine, Michael Gultai.Representatives of the ESLI were able to hear the position of the judge regarding the problematic issues of the institution of the constitutional complaint. In his speech, he noted that the Constitutional Court of Ukraine had undergone a difficult path of formation and formation and began the third decade of its activities with the desire to strengthen public trust in the body of constitutional jurisdiction. "More than a thousand constitutional complaints have already been received by the Constitutional Court of Ukraine, among which 70% are returned to the applicants as such, which in form do not meet the requirements of the Law of Ukraine" On the Constitutional Court of Ukraine ", with corresponding explanations and indication of the possibility of reapplying the requirements this law. The applicants have corrected some of these applications and already opened proceedings ", - said Michael Gultai. The speaker focused on certain problematic issues that the legislator left behind, in particular, regarding the definition of the range of subjects of the right to a constitutional complaint belonging to legal entities of public law; the lack of authority of the CCU to provide fair compensation for the outcome of the consideration of the constitutional complaint, despite the existence of a security order. Concluding speech, Michael Gultai emphasized that the citizens need for a constitutional complaint today is more than obvious. Of course, constitutional complaints will not be able to affect the number of unconstitutional provisions contained in the laws, but they should become a kind of "stop-signal" for the legislator. As a result of consideration of constitutional complaints, there must be an effective mechanism for ensuring the constitutional right of citizens to compensation for damage.
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